The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-06-10
NOT CHARGED WITH ARSON.
Martin Haverty Rearrested on the Old
Charge


The action of the authorities in rearrest-
ing Martin Haverty, who plead guilty to
stealing jewelry, from the store of David
Weisbein, in the Mayors Court and was re-
leased on his own recognizance when the
case came before the City Court, has been
the subject of much talk ON the streets
and an impression has been
that there was something behind it all.
| Wednesday night it was currently reported
that Mr.. Weisbein had caused the arrest Of
Haverty upon charge of arson, but this
proved to be false and was, no doubt, mali
ciously put in circulation. Mr.. Weisbein
himself does not understand the meaning of
the release and rearrest.
He said last night that the history of the
case was as follows: Haverty pleaded
guilty in the Mayors Court, and his trial in
the City Court was fixed for last Monday.
Some days before that Mr.. Weisbein met
Solicitor General duBignon and asked him
to have the trial set some other day than
Monday, as the adiuster of fire
losses would be in the city on that day, and
he would be very busy with him. Mr..
duBignon replied that he wished to clear the
Jail on Monday, but he would let him know.
Mr. Weisbein heard nothing, but on Satur-
day ne met Mr.. Fraser, Mr.. duBignon's
law partner, and requested him to remind
Mr. duBignon of what he had asked.
On Monday evening he heard with sur
prise that Haverty had been released, and
he could not understand how a man who
had pleaded guilty to stealing could be
allowed to go free The next time he heard
from the case was Wednesday, when
deputy sheriff summoned him to appear in
court that afternoon. He obeyed the sum
mons, and when he went to court he met
Mr.. Fraser and asked him why Haverty had
been released. Mr.. Fraser replied by ask
Ing if Mr.. Weisbein had not told him
that he would not prosecute, and the reply
was most positively that he had not. Mr..
Weisbein then asked Mr.. Fraser what he
was going to do about the case, and after
Mr.. Fraser had finished striking jury and
consulted Judge Harden he informed Mr.
Weisbein that he would let him know. Yes
terday a gentleman told him that Haverty
had been released because Mrs. Haverty
had told the Solicitor General that Mr..
Weisbein would not prosecute.
On Wednesday evening Constable Wether
horn came to him and said that if he pre-
ferred a charge of arson against Hayerty
he would find it the dearest thing that he
ever tried; that Haverty would like moth
ing better than a suit against him. Mr..
Weisbein thought that there must be some
thing behind it all for he could not under
stand such an administration of justice.
Mr.. Fraser was seen and he spoke in most
emphatic terms OF the reports and the au-
thors He said that Havertys mother and
wife and children came to his office crying,
and said that HavertY was drunk when he
stole the jewelry and Mr.. Weisbein did not
intend to prosecute. aud they asked him to
dismiss the case. He consulted Mr.. duBig-
non, and they concluded that if Mr.. Weis-
bein would not prosecute, and Judge Harden
would consent, it would be as well to put
the case on the dead docket
as Haverty had hitherto borne good repu-
tation. On Saturday he met Mr. Weisbein
in the street. Mr.. Weisbein asked if it
would be necessary for him to appear in
court on Monday. Having in his mind
what Mrs. Haverty had said, he concluded
that Mr.. Weisbein did not think his
presence would be needed because he was
not going to prosecute, SO he told him that
he need not appear. When the case came
up on Monday he told Judge Harden the
Circumstances, and the Judge released
Hayerty on his own recognizance and the
case was placed ON the dead docket
Haverty was not discharged, for as it
stood he could be rearreSted and tried on
five minutes notice, but nothing more was
thought of it until Mr.. Fraser heard that
Mr. WeiSbein was complaining in regard to
the release though he did not come to him or
to any proper person to ask an explanation.
He had a warrant issued and Haver-
ty was placed in jail where
said, went to court when he was summoned
on Wednesday, and wanted the court to lay
aside its business and rules and try the case
at once, when Monday is the day for such
cases. Haverty, he said, will be tried on
Monday il Judge Harden is here, unless he
demands an indictment. and if he does the
case will go over until July.